[CCWG-ACCT] FW: yet another human rights question - more gravy for counsel.

Nigel Roberts nigel at channelisles.net
Tue Jul 28 18:53:30 UTC 2015

This is getting very angels on a pin, and I'm happy to take it offlist 
if it starts to irritate everyone else. It's most interesting though.

All I meant is to say this.

International law applies to and between countries, and has (in dualist 
countries) no legal effect inside the domestic law of that country.

You can't prosecute someone in  who, as a state actor, unlawfully 
deprives someone of their life (apparently quite common in the US) by 
relying on Article 3 of the Universal Declaration -- you have to go to 
state law on murder and manslaughter (or in the UK, the 17th century 
Lord Coke).

You can't rely the Universal Declaration as black letter law, only as an 
aid to construction. (Pre-1998, the ECHR was similarly non-justiciable 
in the UK.)

On another topic: "Wooly" is an idiom we use to mean "fuzzy".

And by using I meant that ICANN (as can be seen from their pleadings in 
both .XXX and .AFRICA) don't quite "get it" and I think sometimes they 
may believe that their job is to be a good referee, not on the pitch 
kicking the ball about.

There are high-level principles in Art. 4 of ICANN's M&A, but a distinct 
lack of accountability measures, would'nt you agree?

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